This award is given in circumstances where a person can no longer perform sustained remunerative employment as a result of the allowed workers' compensation injury conditions.
The Industrial Commission considers a claimant's individual vocational factorsincluding the claimant's age, education, and work record as well as physical, psychological and sociological factors in considering a claim for permanent total disability compensation.
If an industrial injury permanently prevents an injured worker from performing all forms of sustained remunerative employment, that Injured Worker is entitled to seek permanent total disability compensation.
The Industrial Commission of Ohio decides whether or not an application for permanent total compensation should be allowed. In doing so, the Commission addresses two (2) primary issues:
1. What, if any, are the injured worker's residual functional physical and/or psychological limitations based upon the allowed conditions in the claim?
2. Do any non-medical disability factors (such as age, education, previous work history, and capacity to retrain or learn new skills) permanently preclude the injured worker from obtaining all other forms of sustained remunerative employment, not only the injured worker's previous type of work? - In June , 2006, the State Legislature changed the Ohio BWC law and for any injury taking palce after June 30, 2006, this section no longer applies to those 'new' injury claims.
Statutory PTD - Separate from the above, permanent total disability is granted statutorily to a person who loses both eyes, both hands, both arms, both legs, or both feet, or any combination of each in an industrial accident. Statutory Permanent Total Disability Compensation is paid for the remainder of the Injured worker's life, regardless of whether he/she is otherwise capable of working, or is working.
Once granted, permanent total compensation continues for the remainder of the injured worker's life. The Injured Worker can try to settle the BWC claim, even after receiving PTD. However, the BWC and/or self-insured employer has the right to contest PTD, in the event the Injured Worker performs subsequent acts which warrant the termination of permanent total compensation. If a motion to terminate permanent total compensation is filed, the Industrial Commission of Ohio schedules the matter for hearing. This does not pertain to anyInjured Worker who was granted statutory PTD.
Social Security Disability & Workers' Compensation
The relationship between Social Security and workers' compensation depends on the type of benefits received. First, this page discusses the relationship between Social Security Disability and permanent total disability, then it discusses the relationship between Social Security Disability and other workers' compensation benefits.
Social Security Disability and Permanent Total Disability
If you are receiving Social Security Disability and are also receiving permanent total disability compensation under the Ohio workers' compensation system, the amount of permanent total will be reduced by 1/3.
When you reach retirement age, Social Security will automatically switch you over to Social Security retirement. At that time, your workers' compensation permanent total benefits should return to the full amount.
For some people, it may make sense to switch over to Social Security retirement early.
Social Security Disability and Other Workers' Compensation Benefits
If you are receiving other forms of workers' compensation [such as temporary total, for example], you need to report those amounts to social security. Social Security considers the amount of workers' compensation you are receving in determining the amount to pay. Workers' compensation Tbenefits reduce the amount of social security disability being paid.
If you are receiving ongoing temporary total, and it is cut off, you should report the reduction to Social Security. That will result in an increase in your Social Security Disability payments.
This Article by M Gruhin